Schmidt v. Conservative Homestead Ass'n.

O’NIELL, Chief Justice.

The plaintiff has appealed from a judgment dismissing his suit on an exception of no cause of action. The suit is for damages for an alleged malicious prosecution for embezzlement.

It is alleged in the plaintiff’s petition that the prosecution for embezzlement was malicious and without probable cause, and that it was terminated by the entering of a. nolle prosequi by the district attorney. Notwithstanding these allegations, the judge sustained the exception of no cause of action because he concluded, from certain records in other proceedings, which were not part; of the…